Kirandeep Singh & ANR. v. State Of Punjab & ORS.

In the High Court of Punjab and Haryana at Chandigarh ......

Criminal Misc. No.M-29403 of 2017 .....

Date of decision:9.11.2017 Kirandeep Singh and another .....Petitioners v.

State of Punjab and others .....Respondents ....

Coram:

Hon'ble Mr. Justice Inderjit Singh .....

Present:

Ms. Arti Kaur, Advocate for Ms. Ruhani Chadha, Advocate for the petitioners.

Ms. Simranjeet Kaur, Assistant Advocate General, Punjab for the respondent-State.

Mr. Rahul Bhargava, Advocate for complainant-respondents No.2 to 4.

.....

Inderjit Singh, J.

This petition has been filed under Section 482 Cr.P.C. praying for quashing of cross-case registered vide Diary No.38 dated 24.9.2016 registered for the offences under Sections 336, 427 and 34 IPC in FIR No.84 dated 23.9.2016 (Annexure-P.1) registered for the offences under Sections 323, 324, 341, 452, 506, 148 and 149 IPC at Police Station Sultanwind, District Police Commissionerate, Amritsar and all subsequent proceedings arising therefrom in view of the compromise (Annexure-P.2). The cross-case Diary No.38 in FIR No.284 dated 23.9.2016 has been registered on the statement of complainant-Lovepreet Singh alias Lovely on the allegations that on account of parking problem in the locality,

Cr. Misc. No.M-29403 of 2017 [2] there was some tiff between the petitioners and the complainant-respondents No.2 to 4 and due to which alleged occurrence took place as mentioned in FIR and cross-case, hence the cases were got registered against each other. Now with the intervention of respectable persons, the matter has been amicably compromised between the parties and they have resolved their disputes and differences.

Keeping in view the fact that the parties have entered into a compromise, they were directed to appear before learned trial Court for getting their statements recorded in support of the compromise. After doing the needful, learned Judicial Magistrate Ist Class, Amritsar has sent report dated 23.10.2017 submitting that the compromise arrived at between the parties is without any pressure or coercion from any one and the same is genuine one.

Learned Assistant Advocate General, Punjab, on instructions from the Investigating Officer and learned counsel for the complainantrespondents No.2 to 4 admit the factum of compromise and submit that in case the parties have indeed settled their dispute, the State would have no objection to the quashing of the cross-case Diary No.38 in view of the law laid down by the Hon'ble Supreme Court.

I have heard learned counsel for the parties as well as learned State counsel and have gone through the record. In a decision, based on compromise, none of the parties is a loser. Rather, compromise not only brings peace and harmony between the parties to a dispute, but also restores tranquility in the society. After

Cr. Misc. No.M-29403 of 2017 [3] considering the nature of offences allegedly committed and the fact that both the parties have amicably settled their dispute, continuance of criminal prosecution would be an exercise in futility, as the chances of ultimate conviction are bleak.

Therefore, keeping in view the fact that the matter has been amicably settled and in view of the law laid by the Hon'ble Supreme Court in Gian Singh v. State of Punjab and another, 2012 (4) RCR (Cr.) 543, this petition is allowed and cross-case registered vide Diary No.38 dated 24.9.2016 registered for the offences under Sections 336, 427 and 34 IPC in FIR No.84 dated 23.9.2016 (Annexure-P.1) registered for the offences under Sections 323, 324, 341, 452, 506, 148 and 149 IPC at Police Station Sultanwind, District Police Commissionerate, Amritsar and all subsequent proceedings arising out of the same are hereby quashed qua the petitioners. November 9, 2017.

(Inderjit Singh) Judge *hsp* NOTE:

Whether speaking/reasoned:

Yes Whether reportable:

No